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Brazil EB-5 Investors and the September 30, 2026 Grandfathering Deadline

For Brazilian EB-5 investors, all categories are Current, so the September 30, 2026 grandfathering deadline is not about beating a visa backlog. It is about locking today's $800,000 minimum and getting your real currency-conversion and source-of-funds work done in time. A complete I-526 or I-526E filed on or before that date is grandfathered under the RIA. EB5Status is an independent data platform, not a law firm, and offers no legal or tax advice.

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Last verified 2026-06-21 · Deadline September 30, 2026 · Source: U.S. Citizenship and Immigration Services (USCIS) EB-5 Immigrant Investor Program guidance, EB-5 Reform and Integrity Act of 2022 (RIA) grandfathering provision, U.S. Department of State Visa Bulletin (country-of-birth final action dates), Banco Central do Brasil foreign-exchange market regulations

Grandfathering deadline

Sep 30, 2026

Set-aside / TEA minimum

$800,000

Brazil visa backlog

None (Current)

Rural I-526E processing

11 to 17 months

Key Facts for Brazil Investors

  • 1All EB-5 categories are Current for Brazil, so the deadline decision is about locking the minimum, not beating a backlog.
  • 2A complete I-526 or I-526E filed on or before September 30, 2026 is grandfathered under the RIA and locks today's minimums.
  • 3Current minimums are $800,000 for set-aside and TEA projects and $1,050,000 for non-TEA projects, both expected to increase via CPI-U on January 1, 2027.
  • 4Capital moves through Banco Central do Brasil's regulated foreign-exchange market with no China-style per-person quota.
  • 5Source-of-funds must be documented via Imposto de Renda returns, business records, and property-sale records, with remittances reported to Receita Federal.

Should Brazil investors file before the deadline?

Brazil's distinct angle is simple: there is no quota pressure. Brazil has been one of the fastest-growing EB-5 source countries since 2022, yet every category, reserved and unreserved, sits Current. That means a Brazilian investor does not need a set-aside category to skip a visa wait the way a backlogged country does. The grandfathering decision is therefore narrow and financial. Filing a complete petition on or before September 30, 2026 locks the investment minimums in effect today: $800,000 for set-aside and targeted-employment-area projects, $1,050,000 for non-TEA projects. Both minimums are expected to increase under the CPI-U inflation adjustment expected to take effect January 1, 2027.

Because the wait is not the problem, the gating factor for a Brazilian investor is documentation and logistics, not eligibility position. The real work is assembling a clean source-of-funds package and moving capital through Brazil's regulated channels before the deadline. A petition filed on time also stays processable even if the regional-center program is not reauthorized after September 30, 2027, which removes a second layer of uncertainty for anyone using a regional-center project.

For a Brazilian family weighing the choice, the question is whether your funds and paperwork can realistically be ready before September 30, 2026. If yes, filing locks the lower minimum and the grandfathering protection. If your source-of-funds story is complex, start now, because the documentation timeline, not the visa line, is what could cause you to miss the date. EB5Status reports the data; consult a qualified immigration attorney and tax advisor for your own situation.

Capital transfer timing and the deadline

Capital from Brazil moves through the foreign-exchange market regulated by Banco Central do Brasil via authorized financial institutions. Unlike China's SAFE regime, there is no per-person annual quota that caps how much you can convert and remit, so a single qualifying transfer is generally feasible without splitting it across multiple people or years. That removes one of the biggest timing risks other countries face heading into the deadline.

The planning burden shifts to compliance and currency. Remittances must be properly reported for Receita Federal (Brazilian IRS) tax purposes, and your source-of-funds trail should be supported by Imposto de Renda returns, business records, and property-sale documentation that tie the funds to a lawful origin. Currency-conversion planning matters too: because the minimum is denominated in US dollars, real-to-dollar exchange-rate movement affects how much you must convert, so building in margin is prudent. To file by September 30, 2026, work backward from that date and allow time to gather Imposto de Renda filings, complete the foreign-exchange transaction through an authorized institution, and document each step. None of this is legal or tax advice; confirm the mechanics with your bank, your Brazilian tax advisor, and your immigration counsel.

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Source: U.S. Department of State Visa Bulletin, USCIS, EB-5 Reform and Integrity Act of 2022

What changes for Brazil investors after September 30, 2026

After September 30, 2026, two things change for Brazilian investors. First, the investment minimums are expected to increase under the CPI-U adjustment expected to take effect January 1, 2027, so petitions filed later would likely lock a higher dollar figure than $800,000 or $1,050,000. Second, petitions filed after the deadline would not carry the RIA grandfathering protection, meaning they would not have the same assurance of remaining processable if the regional-center program is not reauthorized after September 30, 2027. Because Brazil has no backlog, missing the date does not push you into a visa line, but it can mean a larger required investment and less certainty. EB5Status tracks these dates as data; it does not advise on filing decisions.

Brazil Grandfathering Deadline FAQ

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This page provides general information and data analysis about the EB-5 grandfathering deadline for Brazil nationals. EB5Status is an independent data platform, not a law firm. We do not provide legal, financial, immigration, or tax advice. Consult qualified U.S. immigration counsel before making any EB-5 filing or investment decision.